Legal Opinion

Whish v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided June 19, 1923PublishedCited by 8 opinions

1Opinion of the Court

Hinman, J.:

This is an application to review the action of the Public Service Commission, Second District, in determining as a matter of law that the provision of section 77 of the Railroad Law relating to vestibule cabs on locomotives could not be enforced by reason of the fact that Congress has asserted authority over the equipment of locomotives employed in interstate commerce, thus occupying the field to the exclusion of the State. Section 77 of the Railroad Law, as amended by chapter 649 of the Laws of 1918, provides that vestibuled cabs “ shall be so constructed as to attach to the sides…

2Cases cited6 opinions

  1. Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
  2. New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
  3. Prigg v. PennsylvaniaSupreme Court of the United States · 1842
  4. Southern Railway Co. v. Railroad Commission of IndianaSupreme Court of the United States · 1915
  5. Pennsylvania Railroad v. Public Service CommissionSupreme Court of the United States · 1919

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Napier v. Atlantic Coast Line RailroadSupreme Court of the United States · 1926
  2. Chicago & Northwestern Railway Co. v. Michigan Public Utilities CommissionMichigan Supreme Court · 1926
  3. Northern Pac. Ry. Co. v. CooneyDistrict Court, D. Montana · 1935
  4. Staten Island Rapid Transit Ry. Co. v. Public Service Commission of New YorkDistrict Court, S.D. New York · 1926
  5. Chicago & Northwestern Railway Co. v. Michigan Public Utilities CommissionMichigan Supreme Court · 1926

3 more not listed; retrieve them via the Exa API.

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